QUESTION
What would the consequences be for my first DWI?
Asked on Aug 27th, 2015 on DUI/DWI - California
More details to this question:
I am taking prescribed pain medication for a bad back. If I have been charged with a DWI for the first time, am I going to jail? I also have a possession charge from a year ago for painkillers.
4 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Sentence always depends on the Judge and the facts surrounding your arrest. Most Judges do not sentence jail time for #1 but that depends on the aggravating circumstances.
Answered on Aug 31st, 2015 at 8:26 AM
The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn't a specific concentration that the state deems as impairment. With that said, you need to hire a DUI specialist, because by yourself the prosecutor simply won't budge.
Answered on Aug 27th, 2015 at 6:58 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It would be good to know why you have a possession charge when you have a prescription for painkillers. That aside, first offense OWI in Wisconsin does not carry jail time. It does carry some heavy Dollar penalty is, and the requirement of an alcohol and other drug evaluation.
Answered on Aug 27th, 2015 at 6:13 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Probably not going to jail on the DUI. May go to jail on the possession probation violation. Need to fight it. Drug DUIs are notoriously hard for prosecutor to prove.
Answered on Aug 27th, 2015 at 6:11 PM